2003: A Banner Year
for California Gun-Rights
2003 was certainly a year for change in California,
and many Golden State gun-owners may not realize how their gun-rights
were affected by new laws - mostly for the better!
Persistence pays off
To be sure, anti-gun forces advanced their
agenda during the Davis regime. But one can only imagine what
damage to our Second Amendment rights they dreamed about when
Gray became Governor in 1998. With the advantage of five years
of hindsight one can deduce (if not be outright entertained)
that, despite their initial gains, the anti-gun lobby has been
frustrated beyond understanding with their repeated failures
to pass handgun licensing, taxes on ammunition, various types
of handgun and rifle bans, and other assorted restrictions on
the law-abiding. The California gun-owner, and especially
the California NRA MEMBER, has not been "easy pickin's".
And this year, without a doubt, efforts in
support of firearms rights in 2003 yielded much more fruit than
that of the opposition. Five major anti-gun bills defeated
and FIVE PRO-GUN BILLS SIGNED INTO LAW. While
one bad bill did squeeze through, it had to be seriously
compromised by it's author to achieve passage.
Turning corners
NRA members advanced the cause of freedom
in California in 2003! The following pro-gun bills were signed
into law:
|
SB255 |
(Ducheny - Dem) Landmark "First in the Nation" Background
Check Law - Signed by Governor Gray Davis. The provisions
of SB255 will allow persons to pay $20.00 and undergo a State
and Federal background check to determine their legal status
for purchasing firearms without risking the violation of State
and Federal laws in the process. Senate Bill 255 is long overdue,
and allows a person to comply with State and Federal laws without
becoming a victim of inaccurate government records or bureaucracy.
SB255 announcement |
|
AB1044 |
(Negrete-Mcleod - Dem) CCW Applicant Privacy Protection
- Several years ago, California law was changed to require the
state Attorney General to maintain a centralized Department of
Justice database of local CCW application data. Assembly Bill
1044 repeals this requirement, prevents the state from maintaining
that information and affords other protections in local CCW forms
and procedures. This bill would require the California Department
of Justice to destroy any centralized database of information
or records of CCW permit holders or applicants. AB 1044 announcement |
|
AB396 |
(Harman -Rep) Shared Habitat Alliance for Recreational Enhancement
Program - Authorizes the California Department of Fish and
Game to work in partnership with nonprofit conservation groups
and other interested non-governmental organizations to encourage
private landowners to voluntarily make their land available to
the public for wildlife-dependent recreational activities. |
|
SB238 |
(Perata -Dem) Lowers the penalty for the simple possession
of an unregistered firearm classified as a "Roberti-Roos
Assault-Weapon" to a simple infraction (ticket) and not
endanger your gun rights. |
|
AB1455 |
(Negrete-Mcleod - Dem) Airguns - Declares that BB and
pellet guns that shoot ceramic or plastic objects are not toys.
Existing law requires that toy guns be either bright orange or
green. |
They tried, but they couldn't
do it
The following outrageous attacks on law-abiding
Californians were defeated. Most never made a floor vote in their
respective house of origin!
|
AB50 |
(Koretz - Dem) .50 Caliber Rifle Ban - DEFEATED
- Would have banned the sale/possession of rifles that are
chambered for the .50 BMG cartridge and the sale/possession
of .50 BMG cartridges. AB50 died in the Senate
Public Safety Committee on July 8th when Senator McPherson changed
his vote from a YES to a NO. The senator became aware of how
he had been mislead by the proponents of the bill, so he voted
with NRA. Of course, gun-owners expressed their strong appreciation
to the senator for his vote in support of freedom and against
deception and oppression. Many thanks to Ronnie
Barrett of Barrett Firearms and Bill
Ritchie, owner of EDM Arms, for their strong testimony against
AB50. |
|
AB992 |
(Ridley-Scott - Dem) Ammo Tax - DEFEATED
- Would have levied a 10 cent tax on the sale of every cartridge
or cartridge component sold at retail to fund medical trauma
centers. Last year, Senator Perata failed to pass his ammo tax,
and now Assemblyman Ridley-Thomas can join that club. AB992 was
defeated on the Assembly floor in June. |
|
SB601 |
(Perata - Dem) .50 Caliber Handgun Ban - DEFEATED
- Would have banned the sale or possession of .50 caliber
handguns. This bill was aimed specifically at the new S&W .500 Magnum cartridge upon it's 2003
introduction, but would have also affected other rounds, such
as the .50 Action Express. SB601 was stalled in
the Senate Appropriations Committee in June. Many thanks to Smith
& Wesson for their strong lobbying effort against SB601. |
|
AB342 |
(Koretz - Dem) Anti-Hunting - DEFEATED
- Would have restricted a person from allowing a dog to take
any mammal for hunting purposes or from training a dog for that
purposes. Authored by Assemblyman Koretz, AB342 failed to pass
out of the Assembly Water, Parks and Wildlife Committee on April
8th. |
|
AB1190 |
(Nation - Dem) Anti-Hunting - DEFEATED
- Would have banned the hunting of Western Mourning doves
and White-Winged Doves. Assemblyman Nation withdrew
his bill from the Assembly Water, Parks and Wildlife Committee
on April 8th due to lack of support. |
What they passed isn't what
they wanted
|
SB489 |
(Scott - Dem) Semi-Auto Handgun Bill - Requires all
newly-designed semiautomatic handguns submitted to CA DOJ "safety"
testing after January 2006 be equipped with a loaded chamber
indicator and/or a magazine disconnect mechanism. SB489 was
massively amended to achieve passage - the author had to
agree to serious limitations on the bill's implementation and
effect. While originally targeting all
semi-automatic handguns manufactured after 2005, SB489
was amended to affect only newly-designed semi-automatic
handguns. All existing semi-automatic
handgun designs, as well as new designs which are submitted to
CA DOJ safety testing before 2006, are now exempt
from SB 489.
Many thanks to Smith
& Wesson for their strong lobbying effort against SB 489. |
We don't take anything lying
down
NRA is currently supporting several lawsuits
and other projects to protect and advance the Second Amendment
and the right to self defense in California.
Hunt
v.
Lockyer |
|
This case challenges the 1999 amendments to the state's "assault
weapon" law that bans firearms based on their cosmetic features.
This unprecedented prosecutor vs. prosecutor suit pits Fresno
District Attorney Ed Hunt, Mendocino District Attorney Norm Vroman,
and the Law Enforcement Alliance of America against Attorney
General Bill Lockyer and the California Department of Justice. |
|
Silveira
v.
Lockyer |
|
This case also challenges the 1999 amendments to the state's
"assault weapon" law. It is based on Second Amendment
grounds. Not surprisingly, the Ninth Circuit ruled that the Second
Amendment does not create an individual right, and the plaintiffs
have asked the Supreme Court to review that decision. This case
was not filed by the NRA, and is not the best legal vehicle for
litigating the Second Amendment in the United States Supreme
Court. NRA filed a "friend of the court" amicus brief
supporting the case in the Supreme Court so there would be no
question that competent NRA attorneys will be involved at that
level, should the Court decide to accept and review the case. |
|
Nordyke
v.
Alameda |
|
This case involves a gun show's challenge to Alameda County's
ordinance banning gun shows. It raises both First and Second
Amendment issues. NRA has heavily supported this case, and several
related cases, since they were filed several years ago. |
|
Triple B Sporting Clays
v.
County of Los Angeles |
|
NRA attorneys are assisting this shooting park's corporate lawyers
with a new challenge to LA County's gun show ban ordinance. |
|
Nordyke
v.
Counties of Marin, San Mateo, and Sonoma |
|
NRA attorneys are assisting with this gun show's challenge to
gun show bans in each of these counties. |
|
NRA
v.
San Francisco
NRA
v.
Los Angeles |
|
These cases challenge the San Francisco and Los Angeles local
"assault weapon" ordinances, which are much broader
than the state "assault weapon" law, condemning far
more firearms and banning their possession altogether. In response
to these suits, the cities repealed the ordinances! |
|
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Range protection |
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NRA is also involved in lawsuits to protect several California
shooting ranges, which are under attack in California, usually
on environmental, noise, or zoning grounds. |
NRA on the local front
Californians in many parts of the state are
familiar with coordinated local anti-gun efforts that run the
gamut. Such efforts carry a penalty for those who would restrict
our rights - NRA members inevitably coalesce to fight whatever
ill-guided proposal that is being foisted on their local lawmakers
by outside anti-gun organizations. Each time local anti-gun activity
occurs, a special opportunity is created for volunteers to do
ground work in their own area in support of NRA's legal team.
Working together, we assert our Second Amendment rights at every
level.
|
Repeal of "Saturday Night Special" bans and "Trigger
lock" ordinances |
|
In response to demands from NRA attorneys, over the past two
years approximately 40 cities have repealed local ordinances
that banned the sale of affordable self defense handguns (including
included many polymer framed handguns carried by police departments)
that were inappropriately categorized as "junk" guns
or required unsafe "trigger locks" to be sold with
every gun. Eight cities still carry one or both of the laws,
and lawsuits are pending against those hold outs. |
|
|
.50 Caliber Bans and Other Local Gun or Ammo Ban Proposals |
|
After the notoriously anti-gun owner city of Los Angeles banned
the sale of .50 caliber firearms, the gun ban lobby sought to
have Los Angeles County, Contra Costa County, and other cities
follow suit. NRA staff, attorneys, and volunteers are actively
fighting these proposals, and have already convinced several
cities to abandon the idea. If successful in banning these target
rifles, there will be nothing to stop the gun ban lobby form
going after ordinary hunting rifles using the same rationale. |
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Dealer Protection Programs |
|
Gun dealers in California are under attack on several fronts.
These attacks include frivolous municipal lawsuits that attempt
to blame dealers for criminals that misuse firearms, hyper technical
harassment by federal, state and local regulatory agencies, and
zoning restrictions that effectively put dealers out of business. |
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Uncovering Problems in the Issuance of Concealed Firearm Permits |
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NRA attorneys are studying public records to determine the policies
and problems encountered in the CCW application process in some
jurisdictions. Lawsuits are inevitable. |
The key to success
One of the reasons anti-gun politicians were
held at bay this year and advances in gun-rights were realized
is you. Your calls, faxes, letters
and emails have had a profound effect in redirecting energy
at the Capitol. Few state legislators want to deal with anti-gun
bills, much less support them. The California NRA Members' Councils
will continue to directly support NRA staff in the Golden State,
but we need your help. Working together strengthens our
cause and moves us all closer to the day when we ultimately regain
precious rights lost in recent years.
Join your local California NRA Members' Council here!
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